Dye-Namic Plumbing LLC - TERMS AND CONDITIONS

Arizona ROC #362822 | (602) 893-7155 | dyenamicplumbing@gmail.com

318 N 56th Pl, Mesa, AZ, 85205 | dyenamicplumbing.com

These Terms and Conditions are incorporated into every estimate, proposal, service authorization, work order, change order, and invoice issued by Dye-Namic Plumbing LLC (“DyeNamic”) and accepted by the customer identified in that document ("Customer"). The applicable document, these Terms and Conditions, and any accepted change orders together are the "Agreement." By signing, approving electronically, or otherwise authorizing Dye-Namic to begin work, Customer accepts the Agreement and authorizes Dye-Namic to perform the work described in it.

1. CONTRACT DOCUMENTS AND ORDER OF PRIORITY

The Agreement contains the entire agreement concerning the work and replaces prior oral or written discussions, advertisements, proposals, and representations concerning that work. If documents conflict, a later change order accepted by both parties controls only as to that change; the specific scope and pricing in the applicable estimate or work order then control; and these Terms and Conditions control all remaining matters. No employee or technician may make a binding promise outside the Agreement unless an authorized Dye-Namic representative confirms it in writing or electronically.

2. SCOPE, PRICE, AND ESTIMATES

DyeNamic will perform only the work expressly described in the Agreement. Customer agrees to pay the stated price, taxes, permit or inspection charges listed in the Agreement, and approved change orders. An amount identified as an estimate is a good-faith projection based on conditions visible and reasonably accessible when prepared and is not aguaranteed final price. A price identified as fixed or flat applies only to the stated scope and assumed conditions. Concealed conditions, code requirements, additional work, customer requests, and exclusions are handled under the change-order provisions below. Work not expressly listed is excluded.

3. CUSTOMER AUTHORITY AND INFORMATION

Customer represents that Customer owns the property or has authority from the owner to approve the work and bind the responsible payer. Customer will provide accurate jobsite, ownership, contact, and billing information and will disclose known leaks, prior repairs, private or unmarked utilities, concealed piping or wiring, hazardous materials, structural concerns, and other conditions that may affect the work. Customer is responsible for losses and third-party claims caused by a material false statement or failure to disclose a known condition, except to the extent caused by Dye-Namic.

4. ACCESS, UTILITIES, AND SITE PROTECTION

Customer will provide safe and timely access to the property, work areas, shutoff valves, electrical service, water, and other utilities reasonably needed for the work. Customer will secure pets and children and remove or protect valuables, furnishings, vehicles, and personal property near the work area. Dye-Namic may reasonably shut off water, gas, electricity, or other systems to perform the work safely. Existing valves, piping, wiring, fixtures, or equipment may fail when operated or tested because of age, corrosion, improper installation, or a pre-existing defect; repair of such failure is additional work unless included in the scope. Customer authorizes job site photographs and video for documentation, quality control, permit, warranty, and insurance purposes. Dye-Namic will not use personally identifying job site media for advertising without separate permission.

5. CONCEALED CONDITIONS, ACCESS, AND RESTORATION

Plumbing work may require diagnostic testing, cutting, drilling, excavation, or opening walls, ceilings, floors, cabinets, concrete, landscaping, or other finishes. Dye-Namic will use reasonable care but cannot guarantee access without incidental disturbance. Unless expressly included, the work excludes drywall, paint, texture, tile, flooring, concrete, cabinetry, stucco, roofing, landscaping, finish carpentry, engineering, structural repair, and matching existing finishes. If Dye-Namic encounters concealed damage, unsuitable or non-code-compliant work, unmarked utilities, rock, groundwater, asbestos, mold, or another unexpected condition, Dye-Namic may stop affected work and propose a change order for added cost and time.

6. CHANGES AND ADDITIONAL WORK

Either party may propose a change. A change to scope, price, material, or schedule is binding when accepted in writing or electronically by Customer and an authorized Dye-Namic representative. Customer will not direct Dye-Namic personnel to perform extra work without an accepted change order. If an immediate condition threatens persons or property and it is not reasonably practical to obtain prior approval, Dye-Namic may perform only reasonable temporary protective measures within any authority Customer has given, and Customer will pay reasonable documented charges to the extent permitted by law. A change order may adjust both price and completion date.

7. MATERIALS, CUSTOMER-SUPPLIED ITEMS, AND PERMITS

Unless the Agreement states otherwise, Dye-Namic selects commercially reasonable materials that meet the stated specifications and applicable code. If a specified item is unavailable or materially delayed, Dye-Namic may propose a reasonably equivalent substitute. Manufacturer colors, finishes, dimensions, and production lots may vary. Customer-supplied fixtures, parts, or equipment are not warranted by Dye-Namic, and Customer is responsible for incompatibility, defects, missing components, delivery delays, and additional labor they cause. Dye-Namic is responsible for obtaining only permits expressly included in the scope. Required permits, inspections, engineering, or code upgrades not included in the original scope require a change order. Dye-Namic may use properly licensed subcontractors.

8. SCHEDULING, DELAY, AND FORCE MAJEURE

Start and completion dates are estimates unless the Agreement expressly states otherwise. Dye-Namic is not liable for reasonable delay caused by weather, emergency calls, labor or material shortages, manufacturer or carrier delay, utility interruption, permit or inspection timing, concealed conditions, changes, casualty, governmental action, unsafe conditions, Customer delay, or another event beyond Dye-Namic’s reasonable control. The schedule will be extended for the period reasonably caused by the event. Customer-caused waiting time, return trips, storage, remobilization, or rescheduling may be charged through an accepted change order or other advance written authorization.

9. PAYMENT, LATE CHARGES, AND COLLECTION

Deposits and progress payments are due as stated in the Agreement. Unless a different schedule is stated, payment for service and repair work is due when the described work is substantially complete and invoiced. Customer will timely pay all undisputed amounts without setoff, subject to applicable Arizona prompt-payment law. A past-due amount bears simple interest at the lesser of one and one-half percent (1.5%) per month, equivalent to eighteen percent (18%) per year, or the maximum rate permitted by law, beginning on the date it becomes past due. Customer is responsible for reasonable and actually incurred collection costs, court costs, and attorney fees to the extent permitted by law. A dishonored check or other dishonored instrument may be charged a service fee of no more than $25 plus the actual charge assessed to Dye-Namic by its financial institution. Dye-Namic may suspend work for nonpayment after any notice required by law.

10. SUBSTANTIAL COMPLETION AND INSPECTION

Work is substantially complete when the described system or portion is installed or repaired and is available for its intended use, even if minor punch-list or warranty items remain. Customer will inspect the work when requested and promptly identify any visible concern. A completion acknowledgment confirms apparent completion and condition at that time but does not waive latent defects, the written warranty, or rights that cannot be waived. Customer's use of the completed work is evidence of substantial completion.

11. 1-YEAR PEACE OF MIND WARRANTY

For new jobs first authorized on or after September 1, 2026, DyeNamic provides its 1-Year Peace of Mind Warranty, a limited labor workmanship warranty, for one year from substantial completion. Jobs authorized before September 1, 2026 remain subject to the warranty terms accepted for those jobs; this change does not retroactively extend their warranty. Drain cleaning, including cabling/snaking, and hydro-jetting services are excluded from this 1-year warranty. Drain and sewer repairs and replacements remain covered for Dye-Namic’s labor workmanship, subject to the other terms of this section. Cleaning does not guarantee that a drain or sewer will remain open or free of future blockages. See Section 12 for additional drain and sewer service limitations. If Customer gives prompt notice during that period and provides reasonable access, Dye-Namic will inspect the claimed condition and, if Dye-Namic determines that its workmanship is defective, correct the affected workmanship at no labor charge. This limited labor warranty does not cover manufacturer or product defects; normal wear; misuse, abuse, neglect, freezing, water quality, excessive pressure, power surge, corrosion, scale, sediment, chemical exposure, pests, casualty, or force majeure; pre-existing or concealed conditions; customer-supplied items; work altered or damaged by Customer or a third party; recurring drain or sewer stoppages; or work for which payment remains undisputed and past due. Except for the excluded services identified above, an exclusion applies only to the extent it caused or contributed to the claimed condition. Manufacturer warranties, if any, are provided by the manufacturer and are subject to their terms; labor to remove or reinstall a warranted product is excluded unless expressly stated. This warranty does not limit rights or warranties that cannot lawfully be waived.

12. DRAINS, SEWERS, LEAK LOCATION, AND REROUTES

Drain cleaning, cabling, hydro-jetting, and camera inspection address conditions found at the time of service and do not guarantee that a drain or sewer will remain open or that a camera can reveal every defect. Deteriorated, misaligned, collapsed, root-intruded, or improperly installed piping may fail during reasonable cleaning or testing. Leak detection identifies the most likely source based on available evidence and cannot guarantee discovery of every leak or the exact route of concealed piping. A slab-leak repair or reroute may require multiple access points and may affect pressure, temperature, sound, appearance, or route. Surface and finish restoration is excluded unless expressly included. Additional leaks or failures in existing systems are separate work.

13. MOLD, ASBESTOS, SEWAGE, AND OTHER HAZARDS

Dye-Namic is a plumbing contractor, not an environmental testing or remediation contractor. Unless expressly stated, Dye-Namic does not inspect, test, certify, contain, remove, transport, or remediate mold, fungi, asbestos, lead, sewage, contaminated soil, or other hazardous material or organism. Dye-Namic may stop work upon discovering a suspected hazard until Customer retains a qualified provider and the area is documented as safe. Related testing, containment, remediation, clearance, relocation, and delay are Customer's responsibility unless the hazard was caused by Dye-Namic’s work. Dye-Namic is not responsible for a pre-existing hazard or growth caused by a pre-existing leak, except to the extent applicable law provides otherwise.

14. DAMAGE NOTICE, MITIGATION, AND INSPECTION

Customer will notify Dye-Namic promptly after discovering an alleged leak, damage, or warranty condition, provide reasonable detail, take reasonable steps to prevent additional loss, and allow Dye-Namic a reasonable opportunity to inspect and, when appropriate, correct the condition. In an active emergency, Customer should first protect persons and property and contact the appropriate emergency or mitigation provider. Delay in notice does not automatically forfeit a claim, but Dye-Namic is not responsible for additional loss to the extent the delay or failure to mitigate materially increased the loss or impaired Dye-Namic’s ability to investigate. Notice may be sent to dyenamicplumbing@gmail.com or the business address above.

15. INSURANCE-RELATED WORK

Customer's duty to pay DyeNamic is independent of any insurance claim, adjustment, coverage decision, mortgage-company process, or insurer payment. Dye-Namic does not promise that an insurer will cover any work and does not act as a public adjuster or negotiate insurance coverage on Customer's behalf. Customer remains responsible for all authorized work that an insurer denies, excludes, underpays, or delays. Dye-Namic will not pay, rebate, waive, or advertise payment of an insurance deductible where prohibited by law. For a transaction governed by special Arizona rules for catastrophic-storm repairs, the required estimate disclosures, down-payment limits, work-start restrictions, change-order rules, and cancellation notices apply and control.

16. SUSPENSION, CANCELLATION, AND TERMINATION

Dye-Namic may suspend or terminate affected work for nonpayment, unsafe conditions, denied access, Customer interference, undisclosed hazards, inability to obtain a required permit or inspection, unlawful instructions, or another material breach, after reasonable notice when circumstances permit. Customer may cancel subject to any statutory cancellation right and the Agreement. Except where law requires otherwise, Customer will pay for work performed, permits and fees incurred, specially ordered or nonreturnable materials, reasonable restocking charges actually imposed, and reasonable demobilization or site-protection costs through the effective cancellation date. Dye-Namic will take reasonable steps to leave the affected system in a safe condition, but a suspended or terminated project may remain incomplete or temporarily out of service.

17. ALLOCATION OF RISK AND LIMITED INDEMNITY

To the fullest extent permitted by law, Dye-Namic is not responsible for loss caused by a pre-existing defect; concealed or unmarked condition; customer or third-party work; customer-supplied item; manufacturer defect; ordinary failure of aged or deteriorated material during reasonable testing or operation; excluded restoration; or Customer's failure to protect property or mitigate loss. Nothing in the Agreement excludes or limits liability for Dye-Namic’s gross negligence, willful misconduct, or an obligation that cannot lawfully be limited. For commercial Customers only, neither party is liable to the other for lost profits, lost revenue, business interruption, or other special, incidental, or consequential damages, except for Customer's payment obligations, third-party indemnity obligations, or damages arising from gross negligence or willful misconduct. Customer will indemnify Dye-Namic against a third-party claim, loss, and reasonable legal expense only to the extent caused by Customer's negligence, material breach, false authority representation, unsafe condition under Customer's control, or customer-supplied item, and not to the extent caused by Dye-Namic.

18. LIEN AND PAYMENT RIGHTS

Dye-Namic does not waive any construction-lien, bond, stop-notice, prompt-payment, or other collection right provided by law. Any preliminary twenty-day notice or other statutory notice is a separate notice and is not replaced by these Terms and Conditions. Customer will provide accurate ownership, lender, tenant, and legal-description information reasonably requested for required notices.

19. DISPUTE NOTICE, ARIZONA LAW, VENUE, AND FEES

Before filing a lawsuit, the complaining party will give the other written notice describing the dispute and a reasonable opportunity of at least ten calendar days to respond, unless emergency relief, a lien or bond deadline, a limitations period, or another legal deadline requires earlier action. Arizona law governs the Agreement without regard to conflict-of-law rules. Subject to any mandatory venue rule, exclusive venue for a dispute relating to the Agreement is in the state or federal courts located in Maricopa County, Arizona; an action that by law must be filed where real property is located may be filed in that required county. The prevailing party in an action arising from the Agreement may recover reasonable attorney fees and taxable costs to the extent permitted by law.

20. CANCELLATION RIGHTS REQUIRED BY LAW

Some transactions, including a qualifying home-solicitation sale and certain residential

catastrophic-storm repairs,

carry statutory cancellation rights. When applicable, Dye-Namic will provide the notice and cancellation forms required by law. Any applicable statutory notice or cancellation right controls over an inconsistent Agreement term. No waiver is effective unless applicable law permits the waiver and every required condition and form is satisfied. A digital acknowledgment alone does not replace a separate statement or form that the law requires in another format. Starting emergency work does not by itself waive a cancellation right. Customer remains responsible only for amounts that applicable law allows Dye-Namic to retain or recover after cancellation.

21. GENERAL TERMS

An amendment or waiver must be in writing or electronic form and accepted by authorized representatives of both parties. Failure to enforce a term once is not a later waiver. If a provision is unlawful or unenforceable, it will be enforced to the maximum lawful extent and the remaining provisions remain effective. Customer may not assign the Agreement without Dye-Namic’s written consent; Dye-Namic may assign payment rights and may use properly licensed subcontractors. Headings are for convenience only. Electronic signatures, approvals, and copies have the same effect as originals to the extent permitted by law.

NOTICE: THE PROPERTY OWNER HAS THE RIGHT TO FILE A WRITTEN COMPLAINT WITH THE ARIZONA REGISTRAR OF CONTRACTORS FOR AN ALLEGED VIOLATION OF A.R.S. 32-1154(A). COMPLAINTS MUST BE FILED WITHIN THE APPLICABLE TIME PERIOD SET FORTH IN A.R.S. 32-1162(A). ARIZONA REGISTRAR OF CONTRACTORS: (602) 542-1525; WWW.ROC.AZ.GOV